Witness Protection Bill boost to HR

Uditha Kumarasinghe, Irangika Range and Sandasen Marasinghe

KOTTE: Disaster Management and Human Rights Minister Mahinda Samarasinghe yesterday told Parliament that the Assistance and Protection to Victims and Witnesses of Crime Bill has covered two critical areas essential for the protection of human rights and the smooth functioning of the justice system.

The Minister said the twin focus of this Bill-victims of crime and violation of human rights, on the one hand and the protection of witnesses, on the other, are equally important and interlinked factors.

They protect the right to life and the security of the person, two important rights enshrined in international human rights instruments such as the International Covenant on Civil and Political Rights to which Sri Lanka is a state party.

“It also fulfils important obligations under other international instruments to which Sri Lanka is a party. Therefore this Bill will substantially discharge Sri Lanka’s obligation in relation to the implementation of such conventions.”

The Government is not only dealing with domestic interest in this legislation but also international interest in the enactment and implementation of this law. With the adoption of this Bill, Sri Lanka joins a handful of Asian countries including Thailand, Indonesia and the Philippines as countries having legislative regime catering to this important area.

There is a vigorous debate in other Asian countries such as India and Malaysia for adopting similar legislation, he said.

According to Minister Samarasinghe the international community has evinced great interest in this legislation.

The Government has repeatedly stressed at the adoption of the report of the Universal Periodic Review of Sri Lanka on June 13 that Sri Lanka accords a great deal of importance to this legislation.

He said the witness protection and the provision of enhanced protection to victims of crime has been a long-felt need in Sri Lanka.

The idea of a law to address issues relating to victims of crime and witness protection was first mooted in 2000 by the National Centre for Victims of Crime with an emphasis on promoting victims rights.

Samarasinghe said this Bill has had the benefit of the input of diverse segments of society and has also drawn the attention of international experts who came to Sri Lanka to observe the work of the Presidential Commission of Inquiry.

All of these made valuable observations on the draft legislation. President Mahinda Rajapaksa gave the leadership to this effort and proposed the concept of this law to Cabinet by a Cabinet memorandum.

The Cabinet of Ministers decided to designate the Bill as one that is urgent in the national interest in terms of Article 122 of the Constitution.

The Supreme Court has also suggested some improvements to the legislation and these will be moved during the Third Reading of the Bill, he said.

The Minister said the Bill has a specific human rights orientation. The rights and entitlements of victims and witnesses are founded on principles of equality and human dignity. The Bill takes a broad view of who is considered to be a victim of crime.

In 2006, the President appointed a Commission of Inquiry to inquire into alleged serious violations of human rights.

This is due to the commitment of the Government to fully investigate these alleged serious violations of human rights and to take steps to punish any perpetrators that the inquiries identified.

As some of the more important features of the Bill, it includes the implementation of the statutory scheme buttressed by the observance of international norms, standards and best practices in this area. The law also prescribes offences and sets out custodial and financial penalties for offences committed against victims and witnesses of crime.